Unlimited download thief

I have followed up with emails and a DCMA form. Some of the problem is I uploaded to Twenty20 which no longer exists and the “publish date” on Envato is the migration date of November 2022 which is later than his upload dates. It’s complicated but doing my best to pursue it.

That’s right, just waiting for a decision from the curation team.

Don’t forget that you can include screenshots on your device as proof of authenticity that you are the original owner.

Hopefully it can be finished as soon as possible

Yes, I’ve submitted screenshots for about 20 images. There are over 1600 of mine in the fraudulent account. I hope I don’t have to do a screenshot for each one! :see_no_evil:

FreePik Premium has finally acknowledged everything I sent them. They said they have opened an investigation and the other guy has 7 days to respond.

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@MargJohnsonVA -

Brilliant that at least Freepik have responded, but now you need to think about MUNGE (or money compensation) -

The fact is Freepik will have sold probably hundreds if not thousands of dollars worth of YOUR HARD WORK.
Don’t be afraid - think of a dollar figure and then multiply that by 4 and send Freepik and invoice :slight_smile:

They have finally removed the account this morning! Yay!! I’ve emailed and asked them to send me any outstanding earnings from sales of my photos. According to their legal statement, they aren’t liable for the earnings already paid to the thief. Freepik Company
To be able to get that money, I’d have to hire an international lawyer and sue the account owner. The problem is, I have no idea who he is or even what country he is in. I’m hoping they are at least willing to pay me his outstanding earnings balance.

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Well good news on the 404 page!

Under the term Liability:

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.

Under Authorized Use:
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.

You go after Freepik - not Lepard - he/she has already disappeared into the ether

Considering they are in Spain and I have no clue how much the images sold for (it could be pennies a sale) it just isn’t worth the cost and time, especially since none of them are registered with the copyright office. Everything I’m finding online basically says the same thing…

Copyright 101

Copyright arises automatically whenever you make an original creative work (by taking a photo, for example). But, at least in the U.S., copyright is “essentially toothless” if you don’t also register the work with the U.S. Copyright Office, according to Coco Soodek, a lawyer at Seasongood Law, Inc. Because this is not a simple process and costs between $35 and $55 per application, a lot of photographers don’t do it—especially amateurs.

Let’s imagine you find someone has stolen one of your photos and reposted it on their website without your permission. If you have your work registered with the Copyright Office, you can sue them for statutory damages in federal court. This could mean compensation from $750 to $30,000 per work—and up to $150,000 if the copyright infringement was intentional—as well as reimbursement of your legal costs. If your work isn’t registered, you’re limited to suing for the actual damage caused by the infringement (like loss of earnings). But here’s the catch: you have to win the case.

“All litigation is expensive, cumbersome, and unpredictable,” Soodek says. If you’ve registered the work and think you can show intentional infringement, it may be worth going to court. But if whoever you’re suing could mount a credible defense or won’t be able to afford to pay you a large fine and reimburse your attorneys’ fees, litigation is a risky option. At minimum, a copyright infringement case costs $20,000, according to Soodek.

And things can get even more complicated if the person or company who infringed your copyright is outside the U.S. While there are international treaties that protect copyright across borders, trying to enforce them is murky, expensive, and difficult. Suing somebody in a foreign country involves hiring a local lawyer, litigating the suit, and enforcing the judgement—all expensive and mysterious processes.

And there’s a reason Soodek keeps mentioning the expense: Lawyers are expensive, fighting a court case is expensive, and, unless your copyright has been blatantly and willfully infringed in a way that has cost you a huge amount of money, even if you win—and that’s a big “if”—it might not be worth it.

Instead of relying on the judicial system for copyright enforcement, photographers are generally better off taking proactive steps to protect their work and limit possible damage if it does occur.